NameMartin Burke
Death1806
ResidenceEssex County, Virginia
Documentation
Martin Burke was mentioned in 23 May 1794 will of his brother, Thomas Burke, proved on 17 June 1805. “I also leave Eight hundred acres of land to be sold lying and being in the county of Nelson and in the State of Kentucky lying north side beech fork and the monies to be collected for my father Rickard Burke & mother Ann Burke after all my Just debts are paid & after their deaths to be equally divided amongst my Brothers Martin, James, & Lewis and two Sisters Barbara & Mary — and all bonds & tenements that should fall to me or my heirs hereafter, I also ordain John Chinault & Martin Burke my hole and Sole executors…” [Essex County, Virginia, Will Book 16, pages 358–359.]
Martin was mentioned in the 5 March 1798 will of his father, Rickard Burke, proved on 21 September 1801. “Item I Give to my three youngest sons Martin, James, and Lewis Burke Two hundred and fifty acres apiece of my kentuckey land … Item I Leave all the remainder of my estate and and [sic] personal to be Equally divided amongst all my Children John Thomas, Martin, James, and Lewis Burke, Barbara Chenault Molly Meador … And Lastly I nominate and appoint my sons John Chenault, Martin Burke, and James Burke to have the cear of my estate during my beloved wife’s life Ann Burke…” [Essex County, Virginia, Will Book 16, pages 88–89.]
On 28 January 1802, the estate of Caleb Gatewood in account with Rickard Burke from from November 1793 to January 1802 was settled by L. Booker, James Dix, Charles Bray and Jno. Dunn. Payments included 18 shillings to Martin Burke for a coffin; £8.10.8-3/4 to Martin Burke for buiding a house and nails; £1.5.0 to Abner Cox for a coffin for Mrs. Gatewood; and 5 shillings to Caston Boughan in October 1795 for schooling orphan. [Essex County, Virginia, Will Book 16, pages 158–161.]
An undated petition: “We the Subscribers are opinion that the healths of our familys will be injured by Capt Thomas Woods Building a Mill at the Piscataway old Mill bridge as call’d”. Signed John Chenault, Martin Burke, John Croxton, Barker Minter, Rachel Gordon, Charles Bray, Rickard Burke, Thomas Crow, William Burke, and Thomas Burke. On the front of the jacket the erroneous date of 1703 has been added, but in another hand, probably that of a WPA worker. [Essex County, Virginia, Box 8, Item 8-F-5.]
On 21 April 1806, Benjamin H. Munday and John Beazley were bound in the penalty of $500 for Benjamin H Munday’s administration of the goods, chattels and credits of Martin Burke, deceased. [Essex County, Virginia, Will Book 16, pages 412–413.]
On 6 March 1807, an inventory of the estate of Martin Burke was made by Spencer Noel and Wm Noel, and submitted and ordered recorded on 20 July 1807. The estate in account with Ben: H Munday is also listed. [Essex County, Virginia, Will Book 17, pages 24–25.]
An undated bill of complaint in Essex County states that Rickard Burke died in March 1801, leaving a widow Ann (still alive at the writing of the bill); son John Burke, who died about February 1803, testate, who appointed Thomas Barton executor; son Thomas Burke, who died about February 1802, testate, never married; son Martin Burke, died 1806 intestate, estate administered by Ben H. Munday; son Lewis Burke; daughter Barbara Burke, who married John Chenault and died in 1807; daughter Mary Burke, who married Richard Meador; daughter Nancy Burke, who married Caleb Gatewood and had an only child named Lucy Gatewood, who married William Howard; son William Burke, who died during his father’s lifetime leaving a daughter Polly Burke; and son James Burke, who died in his father’s lifetime leaving children Betsey, Nancy and James Burke. [Essex County, Virginia, Box Chancery No. 32, 1823, Item 32-G-38.] The bill was answered by John Jones, Ann Burke, and Richard and Mary Meador and sworn to on 22 September 1807, confirming by and large the facts in the bill of complaint. [Essex County, Virginia, Box Chancery No. 32, 1823, Item 32-G-32.] A decree settling the case was issued by Essex County court the same day. [Essex County, Virginia, Box Chancery No. 32, 1823, Item 32-G-36.] The decree settled the estate by giving one-eighth portions each to: Richard Meador and Mary his wife; Thomas Barton executor of John Burke; Ben H. Munday, administrator of Martin Burke; Lewis Burke; William Howard and Lucy his wife; Polly Burke; Betsy, Nancy and James Burke; John Chenault. [Essex County, Virginia, Box Chancery No. 32, 1823, item 32-G-33.]
The estate of Martin Burke in account with Benjamin H. Munday for 1809 was recorded 17 August 1812. [Essex County, Virginia, Will Book 17, page 404.]
On March 21, 1810, a petition was presented to chancery court in Essex County, “Humbly complaining shew unto your worships your orators & oratrices Wm Burke and infant under the age of twenty one years by John Jones his next friend, Polly Burke daughter of Martin Burke an infant under the age of twenty one years by Andrew Monroe her next friend, Polly Burke daughter of Wm Burke an infant under the age of twenty one years by John Martin her next friend and Betsey & James Burke infants under the age of twenty one years by John Jones their next friend, that Rickard Burke formerly of Essex county died seised in fee of a tract of land situated in south Farnham parish & Essex county containing about 271 acres, having made & publishing his testament & last will & writing by which he devised to his wife Ann Burke during her life his whole estate real & personal & after devising some Kentucky land he devised all the remainder of his estate, real & personal, to be equally divided among all his children John, Thomas, Martin, James & Lewis Burke, Barbara Chenault & Molly Meador & lent to his grand daughters Lucy Gatewood & Polly Burke an equal part of his estate real & personal & if they should dye without heirs their respective portions should go to the survivors, as will appear by an office copy of the same recorded in this court hereto annexed as part of this bill; that the testator’s son Thomas died in his life time & without having been married whereby the devise in his favor became void, and his sons John & Martin also died in the lifetime of the testator’s widow who died in Jany 1810; that his said son John left a will whereby he devised his interest in the said land in Essex county to your orator Wm Burke, his son, as will appear by the said John Burke’s will recorded in this court; that Martin Burke died intestate and your oratrix Polly Burke is his only child & descendant living. that James Burke died intestate in the lifetime of his Father Rickard and your orator & oratrix James & Betsey Burke are his only children & descendants living; that your oratrix Polly Burke, mentioned in the will of the testator as his granddaughter, is the only child & descendant of the testator’s son Wm who died in the testator’s lifetime; and the testator’s grand daughter mentioned in his will by the name of Lucy Gatewood was the only child & descendant living of a daughter of the testator who died in his life time, which said Lucy Gatewood intermarried with Wm Howard jr after the testator’s death…” Hundley Moody had purchased some of this land, and the petitioners seek division of the land. The case was finally settled in 1822 with division. [Essex County, Virginia, Box 138 D&W, 1820–1821, Folder N.]